Shaju Antony vs State Of Kerala

Applications for anticipatory bail under Section 438 of the Cr.P.C.

The applicant has filed two bail applications seeking pre-arrest bail in the two Crimes registered against him. B.A.No.30/2021 is filed in Crime

No.795/2020 of Edathala Police Station and B.A.No.31/2021 is filed in Crime No.1570/2020 of Kalady Police Station for having allegedly committed

the offences punishable under Sections 468, 471, 416, 419 and 420 of the I.P.C. and under Section 15(3) of Indian Medical Council Act, 1956.

The prosecution case, in brief, is that on 13.11.2020 the concerned police officers from the two police stations conducted a search at Edathala at

12.25 hours and at Kalady at 20.00 hours and they found that the 1st accused in Crime No.795/2020 treating patients in Mariya Clinic at Kombara

Junction in Edathala and 1st accused in Crime No.1570/2020 treating patients in St.Philominas Hospital at Manjapra; while neither of them had any

authorised qualification or licence to practise medicine and treat patients. They were both quacks. Consequent to their arrest, the subsequent

investigation revealed the involvement of two other accused, and they too were implicated. The applicant is the 2nd accused in Crime No.1570/2020

of Kalady Police Station; whereas he is the 3rd accused in Crime No.795/2020 of Edathala Police Station. It is alleged that he is the person, who

facilitated the other accused to run the Clinics in premises taken on lease by him.

The applicant states that he is innocent and the allegations are not true and that he had only leased out two buildings for running the aforesaid

clinics. On the basis of the documents produced by the quacks, he bona fide believed that they are qualified Doctors and permitted them to conduct

consultation at the clinics and treat patients. Little he did not know that those documents which were shown to him were actually forged or fabricated.

It is only consequent to the arrest of those quacks claiming to be Doctors did he know that they were not qualified and he himself was cheated by

them. The applicant further states that he has no other criminal antecedents apart from these two crimes and he is willing to cooperate with the

investigation, and therefore, he seeks anticipatory bail.

Heard the learned Counsel Sri.Arun Samuel appearing for the applicant and the learned Public Prosecutors, Sri.Santhosh Peter and Smt.V.Sreeja.

On going through the allegations made against the applicant, it is clear that the applicant had taken buildings on lease to run the clinics and with the

help of quacks, to treat patients. The applicant himself has no connections with the medical profession, and it is explicit that he had run those clinics

with the help of quacks in order to make illegal profit. The complicity of the applicant cannot be doubted at this stage. Considering the gravity of the

offence which involves the health and life of the guileless common persons, the applicant is not entitled to any indulgence from this Court in these two

crimes, to the exceptional remedy of anticipatory bail.

The applicant is, therefore, directed to surrender before the investigating officer within two weeks. In the event of his arrest, after interrogation and

recovery, if any, he shall be produced before the jurisdictional court, where he is at liberty to apply for regular bail, which shall be considered and

disposed of preferably on the very same day.